Klein v. Longwell et al

Filing 16

ORDER VOLUNTARY DISMISSAL OF ACTION (ECF No. 15 ), Clerk To Close Case, signed by Magistrate Judge Michael J. Seng on 8/6/2015. CASE CLOSED.(Fahrney, E)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 AARON KLEIN, 9 10 11 CASE NO. 1:15-cv-00830-LJO-MJS (PC) Plaintiff, v. (ECF No. 15) KATHLEEN LONGWELL, et al., 12 VOLUNTARY DISMISSAL OF ACTION CLERK TO CLOSE CASE Defendants. 13 14 Plaintiff is a civil detainee proceeding pro se and in forma pauperis in this civil 15 rights action brought pursuant to 42 U.S.C. § 1983. On August 3, 2015, Plaintiff filed a 16 motion to dismiss this action without prejudice. (ECF No. 15.) 17 Under Federal Rule of Civil Procedure 41(a)(1)(A)(i), a plaintiff may dismiss an 18 action without a court order by filing a notice of dismissal before the opposing party 19 serves either an answer or a motion for summary judgment. Plaintiff’s August 3, 2015 20 motion is sufficient under Rule 41. 21 Accordingly, IT IS HEREBY ORDERED that: 22 1. Plaintiff’s August 3, 2015 motion to dismiss is GRANTED; 23 2. This action is DISMISSED without prejudice; and 24 3. The Clerk shall CLOSE this case. IT IS SO ORDERED. 25 26 Dated: August 6, 2015 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE 27 28 1 1 4. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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